Pro Bono Net is teaming up with the Practising Law Institute to bring you a discussion about the access to justice movement and the role of pro bono in closing the gap with Honorable Jonathan Lippman and Pro Bono Net’s Executive Director, Mark O’Brien. Register now for this FREE presentation.

Achieving 100% Access: A Conversation with the Honorable Jonathan Lippman About Pro Bono’s Role in Bridging the Justice Gap is a one-hour discussion between the Honorable Jonathan Lippman, former Chief Judge of the State of New York, and Mark O’Brien, Executive Director of Pro Bono Net, on a number of topics related to the access to justice community and the roles of Pro Bono and technology in closing the justice gap.

Questions to be addressed include: how can pro bono effectively help meet the legal needs of the underserved? How should pro bono respond to emerging trends in the access-to-justice movement? What are – and how do we address – the limitations of the traditional role of pro bono in the access-to-justice movement? Register now for the one-hour briefing on June 5th.

If you are interested in additional discussions between Mark O’Brien and Honorable Jonathan Lippman on access to justice, please visit our website for highlights from our 2016 event A Conversation with Judge Jonathan Lippman.


Practising Law InstitutePractising Law Institute is nonprofit learning organization dedicated to keeping attorneys and professionals at the forefront of knowledge and expertise, as well as preparing them to fulfill their pro bono responsibilities. For more information about PLI’s pro bono programs and activities, please visit www.pli.edu/probono.

Practising Law Institute offers free pro bono skills training for pro bono and volunteer attorneys

At Practising Law Institute, we strive to improve the learning experience by incorporating the latest in interactive technology and research-based instructional design. The award-winning programs in our Interactive Learning Center challenge participants by using “learning-by-doing” techniques in a variety of non-traditional, instructional formats.

For those involved in pro bono representation, PLI’s Interactive Learning Center offers free pro bono skills training. Programs currently available include:

The Art & Science of Interviewing Pro Bono Clients – Participants learn the art and science of collecting information, managing client frustrations, and working with third parties when representing pro bono clients.

Effective Communication with the Legal Services Client – Participants learn techniques for how to meet and communicate effectively with a client, as well as how to educate the client about the legal process and make informed choices.

Introduction to Pro Bono – Participants learn strategies for providing effective pro bono representation and how to handle common ethics issues.  

Upcoming Interactive Training on Advocacy for Survivors of Domestic Violence

PLI is also offering two free massive open online courses for advocates of survivors of domestic violence:

Working with Survivors of Domestic Violence 2018 (March 19-23) – Participants will learn how to interview and counsel domestic violence survivors.

Representing Domestic Violence Survivors in Court 2018 (April 16-20) – Participants will learn how to develop and execute a strategy for handling domestic violence cases in court.

For more information on all of PLI’s pro bono trainings, including Live, Webcast, and On-Demand content, please visit our website at www.pli.edu/probono


Practising Law InstitutePractising Law Institute is nonprofit learning organization dedicated to keeping attorneys and professionals at the forefront of knowledge and expertise, as well as preparing them to fulfill their pro bono responsibilities. For more information about PLI’s pro bono programs and activities, please visit www.pli.edu/probono.

The Immigration Advocates Network (IAN) is excited to announce its sixth annual fundraising e-Conference, “Cutting Edge Issues in Immigration Law,” from November 27th to December 1st, 2017. Join us for a week-long series of interactive online trainings with national experts on family-based immigration, U visas and VAWA, contesting removability, screening for relief, and oral and written advocacy. We explore the issues through the lens of current events and the latest legal developments.

IAN offers free webinars throughout the year for pro bono lawyers and nonprofit staff.  However, once a year, IAN hosts a fundraising e-Conference, and offers these webinars for a small fee. The e-Conference raises money to support the free online training materials for advocates who represent noncitizens in claims for asylum, changes in immigration status, naturalization and more. Resources include training materials, practice advisories, sample applications and affidavits, government-issued policy memoranda, significant case law, related articles, checklists and links to additional resources.

Join the e-Conference to support IAN and learn about the latest issues and strategies in immigration law.

E-Conference Features

  • Listen to nationally-recognized experts from the comfort of your own office;
  • Participate in “ask the expert” sessions during each interactive training;
  • Access presentations and handouts before the training session;
  • Take interactive quizzes and polls before and during conference sessions;
  • Obtain exclusive access to recorded trainings after the conference; and
  • Support our work

Register

The cost of each two-hour training session is $25. Your support helps IAN offer free trainings and resources throughout the year. For more information and to register, visit: https://www.immigrationadvocates.org/econference/.

Conference Sessions

Monday, November 27th at 2:00 pm at Eastern / 1:00 pm Central / 12:00 pm Mountain / 11:00 am Pacific

Deep Screening for Family-Based Options
This webinar will take a close look at how a family member’s status or circumstances can help your client.

Tuesday, November 28th at 2:00 pm Eastern / 1:00 pm Central / 12:00 pm Mountain / 11:00 am Pacific

Emerging Issues and Safety Planning for Survivors
This training will help you work with immigrants survivors of crime, in the current climate of increased enforcement.

Wednesday, November 29th at 2:00 pm Eastern / 1:00 pm Central / 12:00 pm Mountain / 11:00 am Pacific

Challenging the Government’s Case in Immigration Court
This webinar will help you examine the Notice to Appear, and evaluate and challenge the sufficiency of the government’s evidence, including criminal allegations.

Thursday, November 30th at 2:00 pm Eastern / 1:00 pm Central / 12:00 pm Mountain / 11:00 am Pacific

Screening Far and Wide
This presentation goes beyond the usual screening questions, to identify less common options, older forms of relief, and opportunities based on education or work skills.

Friday, December 1st at 2:00 pm Eastern / 1:00 pm Central / 12:00 pm Mountain / 11:00 am Pacific

Written and Oral Advocacy in Immigration Court and Beyond
This training will help you improve oral and written advocacy with clients, immigration judges, opposing counsel, and immigration officers.

If you are unable to attend a session, but would like to donate to support the Immigration Advocates Network, click here.


The Immigration Advocates Network (IAN) is a collaborative effort of leading immigrants’ rights organizations designed to increase access to justice for low-income immigrants and strengthen the capacity of organizations serving them. IAN promotes more effective and efficient communication, collaboration, and services among immigration advocates and organizations by providing free, easily accessible and comprehensive online resources and tools.

 

Attorney service on nonprofit boards is advantageous for both the attorneys and nonprofits, but there are important practical and ethical considerations. At the Practising Law Institute‘s seminar “Serving on a Nonprofit Board: Practical & Ethical Considerations for Attorneys” on August 2nd, expert faculty addressed the important considerations for both attorneys thinking about nonprofit board service and attorneys already serving on a nonprofit board.

The Panel

Program Co-Chairs: Courtney Darts, Director of Education, Pro Bono Partnership; Nancy Eberhardt, Director, New Jersey Program, Pro Bono Partnership
Guest Faculty: Jennifer Chandler, Vice President, National Council of Nonprofits; David G. Samuels, Duval & Stachenfeld LLP

What is a nonprofit?

This seminar addressed serving on boards of public charitable nonprofits that fall under the 501(c)3 IRS classification. These types of organizations have no owners or shareholders, but do have a volunteer board of directors to provide direct oversight. As part of the board, members have a fiduciary duty to the organization as a whole and to ensure the organization is following best practices and the law. The role of a board member is to determine the organization’s mission, strategies and program priorities, ensure the organization uses its resources only in fulfillment of its purposes as laid out in its certificate of incorporation, and ensure compliance with local, state and federal laws and regulations.

What considerations should an attorney think about before joining a board?

Joining a board is a big commitment as board members are crucial to an organization’s success. So why would an attorney want to join a board in the first place? For many, it’s a serious commitment to the cause of that organization itself, or an opportunity to use their perspective and experience as a lawyer for the public benefit. It can also be a way for attorneys to get involved in their local communities and make both personal and professional connections.

Whatever the reason, there are many questions to ask before joining a board. In addition to personal considerations, attorneys should ask what the time and financial commitments are, what deliverables are required of them as a board member, and the expectations as an attorney for serving on the board. They should also be sure to look into their employer’s policies on board service to ensure compliance. The panel provided a list of documents, such as the governing documents or the most recent financials, which should be reviewed before making the commitment as well.

What ethical issues should attorneys be aware of?

First and foremost, attorneys should understand that their responsibility as an attorney and a board member is to be working in the best interest of the organization as a whole, not the Executive Director, individual board members or themselves. Even when the founder of an organization is the Executive Director or on the board, the organization as a whole should always remain the focus.

Since most nonprofits don’t retain regular counsel, it is very common for an attorney on the board to be asked to provide legal advice. This can lead to conflict of interest concerns as well as confusion when speaking with the board or staff. While it isn’t necessarily illegal or wrong to provide legal counsel while serving as a board member, it’s advisable to serve as only one or the other at a time. The panelists even suggested leaving the board if retained as counsel to alleviate any potential conflict of interest.

The panel went on to discuss several hypothetical situations and what the options and responsibilities are for attorneys who are serving on the board. To watch this free program, now available on the Practising Law Institute website, visit www.pli.edu.


Practising Law InstituteThis seminar/webcast was hosted by the Practising Law Institute. To register for any webcasts or seminars go to www.pli.edu for more information. 

At the core of Practising Law Institute’s mission is its commitment to offer training to members of the legal profession to support their pro bono service. PLI offers pro bono training, scholarships, and access to live programs, Webcasts, and On-Demand archived programs, as well as an extensive Pro Bono Membership program. For more information about PLI’s pro bono programs and activities, please visitwww.pli.edu/probono. Follow PLI’s Pro Bono Group on LinkedIn, and on Twitter @ProBonoPLI.

On June 28th, 2017, Pro Bono Net and LSNTAP hosted our annual “50 Tech Tips” webinar. In this training, five presenters shared the applications, programs, and tools that they use to make their within the legal aid community easier.

The talk began with Zizi Bandera from the Immigration Advocates Network, who introduced a number of organizational web tools and extensions. One of the useful tools covered,  “Tab Snooze,” is a chrome extension that can help hide away some of your tabs for a set time, keeping them to out of sight until you need them again.

Next, Reece Flexner, from the DC Bar Pro Bono Center introduced some very handy tools for those working with code. One such tool was Brackets, which provides a way to quickly edit a style on a HTML element while also offering a live preview of any edits you do make.

Afterwards, Xander Karsten, Project Manager at Legal Server, shared with everyone practical, everyday tools, like the “Undo Send” option that Gmail offers. This tool allows you to set up a period of time after sending an email in which you can still “undo” it – certainly a useful tool for those last minute changes!

Following up with even more tools offered by Google was Anna Steele, Senior Consultant at Just-Tech. She covered the Explore tool that can be used in Docs, Slides, and Sheets, to streamline the process of gathering and putting together information.

Wrapping up the presentation was Jillian Theil from Pro Bono Net, sharing a number of online security tools. “Have I Been Pwned?”, one of the suggested tools can be used to check for any breaches in the security of your email accounts.

To learn about all the tips, and tools shared during this webinar, you can find the full presentation here, and the corresponding slides here.

Author: Eliza Xie, 2017 Pro Bono Net Outreach and Engagement Intern

 


LSNTAP helps nonprofit legal aid programs improve client services through effective and innovative use of technology. To do this, we provide technology training, maintain information, create online tools, and host community forums such as the LStech email list. Read about us, or contact us at info@lsntap.org for more information.

 

Author: Peter Bogdanich is the Immigrant Youth Resources Coordinator, and AmeriCorps VISTA at the Immigration Advocates Network.

Representing Children in Immigration Matters screenshotIn November, the Practicing Law Institute (PLI) held an engaging seminar designed for attorneys representing children in immigration proceedings. Over the course of three panel discussions, PLI faculty and guest panelists discussed the unique challenges that they face while representing child clients. View a recording of the entire seminar HERE.

Responding to a Humanitarian Crisis

This training can be viewed in the context of the ongoing surge in Central American asylum seekers arriving at the southern border of the United States. According to U.S. Customs and Border Protection, over one hundred thousand ‘unaccompanied alien children’ (UACs) from El Salvador, Guatemala, and Honduras have made the treacherous journey to the United States seeking asylum or other forms of relief since the beginning of fiscal year 2014.

The arrival of so many UACs has put a spotlight on one previously overlooked immigration option known as Special Immigrant Juvenile Status (SIJS). Designed for children who have suffered from parental ‘abuse, abandonment, or neglect,’ SIJS offers children who meet the criteria a relatively simple way to gain legal status in the United States. SIJS cases go through state family court rather than the specialized immigration courts. However, the process for applying for this relief is fraught with procedural difficulties. For example, advocates for SIJS applicants must locate and present documentation (marriage licenses, birth certificates, etc.) proving the parentage of the child. This is not always an easy task, especially for children born in rural communities where marriages aren’t formally registered or orphaned children. During this panel, attorneys Jodi Ziesemer and Angela Hernandez discussed international service of process, and the different policies relating to service in Central American countries.

Profound Ethical Challenges

Professor Theo Liebmann of the Hofstra Youth Advocacy Clinic and Elizabeth Frankel from the Young Center for Immigrant Children’s Rights led the next panel through a series of ethical scenarios that often test advocates representing immigrant children. One key dilemma was how to ensure that the child, not the attorney, is ultimately making the decisions regarding their case. This can be particularly difficult when the client has developmental disabilities that limit their ability to understand the options available to them, or is suffering from post-traumatic stress. Other common ethical quandaries involve what the advocate is required to do if they believe their client is experiencing abuse and what to do when the interests of the child and parent/guardian diverge. As the panelists explained, navigating such issues is never easy, but learning how to respond to them is key to becoming an effective advocate.

Evolving Nature of Asylum Claims

The UAC surge caught many immigration advocates off-guard; particularly those who specialize in asylum law. In one panel, Heather Axford, Staff Attorney at Central American Legal Assistance, explained how the very concept of political asylum has changed along with the influx of child asylum seekers. Most asylum seekers have traditionally been overtly political actors, like opposition politicians, human rights defenders, or journalists who had been persecuted by an established government body in their country of origin. The Central American UACs arriving at our border are often fleeing gang violence, which raises the question of whether gang intimidation and violence can constitute ‘persecution’ under asylum law. Axford argued that, for Central American UACs, political expression goes beyond traditional electoral politics. In countries where the rule of law is tenuous, where criminal organizations actually exert political power, defiance against such groups may constitute a political act.

The Unaccompanied Children Resource Center

To address the influx of UACs, the Immigration Advocates Network, in partnership with Pro Bono Net and the American Bar Association, built the Unaccompanied Children Resource Center (uacresources.org). This online tool provides free legal resources for immigrants and advocates, and helps guide attorneys to Pro Bono opportunities involving UAC clients.

 


Practising Law InstituteThis seminar/webcast was hosted by the Practising Law Institute. To register for any webcasts or seminars go to www.pli.edu for more information.

At the core of Practising Law Institute’s mission is its commitment to offer training to members of the legal profession to support their pro bono service. PLI offers pro bono training, scholarships, and access to live programs, Webcasts, and On-Demand archived programs, as well as an extensive Pro Bono Membership program. For more information about PLI’s pro bono programs and activities, please visitwww.pli.edu/probono. Follow PLI’s Pro Bono Group on LinkedIn, and on Twitter @ProBonoPLI.

18th Annual Supreme Court ReviewThis summer, the Practising Law Institute (PLI) held its 18th Annual Supreme Court Review. PLI faculty and guest panelists came together to discuss the most recent session of the Supreme Court’s greatest takeaways, surprises and insights. These experts discussed the most recent session’s cases, merits, and how the justices came to their conclusions. They also addressed the future of the court and what they expected for the new session. One of the biggest topics on the table was, of course, the loss of Justice Antonin Scalia, and how his passing has affected the rulings of the court and its future.

Tomorrow, the Presidential Election is here, but more than just four years’ worth of policies will be decided alongside it. With the next president comes the next appointed Supreme Court Justice, the replacement for the late Justice Scalia. The next sitting president will be responsible for appointing a Supreme Court Justice who will hold the office for a good number of years. However, since several of our current sitting Supreme Court members are reaching the age in which it is common to retire from the court, the new president may have the opportunity to appoint more than one justice in the next four to eight years.

A Court of Eight Justices

18th annual supreme court erwinPractising Law Institute’s Dean Erwin Chimerinsky started the discussion of the consequences of Justice Scalia’s passing, mainly that the court is less effective without its final judge. The most important cases since Scalia’s passing, according to Dean Chimerinsky, fit a pattern that highlighted the crutch faced by the current court one justice shy of a full deck – deadlock.

We have seen several cases in which a justice crossed sides in order to sway a decision, but the lack of a ninth vote has deadlocked the court in some of the most controversial cases, forcing rulings to stand at the state level. On topics like abortion and immigration passions and partisanship are high, which can lead to a deadlocked court. Sometimes this provided a liberal outcome, and sometimes a conservative one, but either way leaves the standing ruling without commentary from the Supreme Court. Likely, these cases and issues will resurface in future sessions once the court is whole again.

An interesting result of this deadlock is a willingness in the justices to broker a compromise. The first panel of the day addressed the outcome of Zubik v. Burwell, a case on contraceptive coverage under the Affordable Care Act. When the court looked to be deadlocked once again, the justices decided on an attempt to reach a compromise, asking the two parties to work together to find an alternative solution. Once the parties agreed to continue to look for a solution, the decision was once again provided to the lower courts for specific deliberations. The attempt at brokering a solution for both parties was unprecedented, and one must wonder whether there will be more compromises suggested in future cases.

The Future of the Court

With the election comes quite a challenging atmosphere for the Supreme Court. The newest elected president might have the opportunity to appoint more than one justice who will sit on the court for more than a decade, affecting a great deal of cases. In addition, a potential continued block from Senate Republicans in a Democratic victory this election leaves the ninth seat in a state of uncertainty. Without a ruling on crucial cases that affect a great number of people in the country, and the continuing potential for a deadlocked court, it begs the question as to whether the court can continue to be as effective in future sessions without the addition of a ninth justice.

Whatever the outcome of this election and future appointees, the Practising Law Institute’s expert faculty and panelists will undoubtedly address it at next year’s review!

 


Faculty & Panelists

  • Erwin Chemerinsky
    Dean of the School of Law
    Distinguished Professor of Law Raymond Pryke Professor of First Amendment Law
  • Martin A. Schwartz
    Professor Emeritus of Law
  • Joan Biskupic
    Journalist
    Visiting professor at the University of California, Irvine, law school
  • Sherry F. Colb
    Professor of Law & Charles Evans Hughes Scholar
    Cornell Law School
  • Michael C. Dorf
    Robert S. Stevens Professor of Law
    Cornell Law School
  • Leon Friedman
    Joseph Kushner Special Professor of Civil Liberties Law
    Hofstra Law School
  • Marci A. Hamilton
    Senior Fellow, Program for Research on Religion and Urban Civil Society
    University of Pennsylvania
  • Burt Neuborne
    Norman Dorsen Professor of Civil Liberties, Founding Legal Director, Brennan Center of Justice
    New York University School of Law
  • Cristina Rodríguez
    Leighton Homer Surbeck Professor of Law
    Yale Law School
  • Theodore M. Shaw
    Julius L. Chambers Distinguished Professor of Law  & Director of the Center for Civil Rights
    University of North Carolina School of Law, Chapel Hill
  • Honorable Jeffrey S. Sutton
    Judge, United States Court of Appeals for the Sixth Circuit
  • Jeffrey B. Wall
    Special Counsel, Co-Head Appellate Litigation Practice
    Sullivan & Cromwell LLP

Practising Law InstituteThis seminar/webcast was hosted by the Practising Law Institute. To register for any webcasts or seminars go to www.pli.edu for more information.

At the core of Practising Law Institute’s mission is its commitment to offer training to members of the legal profession to support their pro bono service. PLI offers pro bono training, scholarships, and access to live programs, Webcasts, and On-Demand archived programs, as well as an extensive Pro Bono Membership program. For more information about PLI’s pro bono programs and activities, please visitwww.pli.edu/probono. Follow PLI’s Pro Bono Group on LinkedIn, and on Twitter @ProBonoPLI.

The Immigration Advocates Network Fifth Annual E-Conference FundraiserThe Immigration Advocates Network (IAN) is excited to announce its fifth annual e-conference fundraiser, “Cutting Edge Issues in Immigration Law,” from October 31 to November 4, 2016. Join us for a week-long series of interactive online trainings with national experts on representing children, administrative advocacy, entry & admission, U visas, and provisional waivers. We explore the issues through the lens of current events and the latest legal developments.

IAN offers free webinars throughout the year for pro bono lawyers and nonprofit staff.  However, once a year, IAN hosts an e-Conference Fundraiser, and offers these webinars for a small fee. The e-Conference raises money to support the free online training materials for advocates who represent noncitizens in claims for asylum, changes in immigration status, naturalization and more. Resources include training materials, practice advisories, sample applications and affidavits, government-issued policy memoranda, significant case law, related articles, checklists and links to additional resources.

Join the e-Conference to support IAN and learn about the latest issues and strategies in immigration law.

E-Conference Features 

  • Listen to nationally-recognized experts from the comfort of your own office;
  • Participate in “ask the expert” sessions during each interactive training;
  • Access presentations and handouts before the training session;
  • Take interactive quizzes and polls before and during conference sessions; and
  • Obtain exclusive access to recorded trainings after the conference.

Register

The cost of each two-hour training session is $25. Your support helps IAN offer free trainings and resources throughout the year. For more information and to register, visit https://www.immigrationadvocates.org/econference.


Conference Sessions 

Representing Children in Removal Proceedings
Monday, October 31
This training will discuss legal protections for children in removal proceedings and steps to take if the government breaks those rules. The panel will focus on practice strategies for advocates.

Elevating the Case: Strategies for Helping Clients with USCIS Issues
Tuesday, November 1
This training will cover common issues with DACA and other cases such as processing delays, rejections, requests for evidence, correcting typographical mistakes and agency error. The panel will discuss points of access within USCIS, and how to engage the Ombudsman’s office.

How Entry, Admission, and Parole Affect Your Client’s Case
Wednesday, November 2
This training will review legal concepts of entry, admission, and parole into the United States. The panel will also discuss the practical effects of what happened at the point of entry on a client’s case.

Enhance Your U Visa Practice
Thursday, November 3
This interactive training is a U visa case strategy session, to troubleshoot common U visa issues, including how to frame qualifying crimes, complex inadmissibility issues, and more. Participants are invited to submit U visa scenarios on the registration form so that the webinar can discuss the issues they face in practice.

The Expanded Provisional Waiver Program
Friday, November 4
The panel will explain eligibility for the expanded program, including tips on completing the new I-601A. It will also cover the extreme hardship standard based on draft or finalized agency guidance.

If you are unable to attend a session, but would like to donate to support the Immigration Advocates Network, click here.

 


The Immigration Advocates Network (IAN) is a collaborative effort of leading immigrants’ rights organizations designed to increase access to justice for low-income immigrants and strengthen the capacity of organizations serving them. IAN promotes more effective and efficient communication, collaboration, and services among immigration advocates and organizations by providing free, easily accessible and comprehensive online resources and tools.

On August 8th, the Practising Law Institute presented a seminar/webinar entitled “Electronic Evidence in the New York State Courts: Representing the Legal Services Client 2016” to explore best practices, safety concerns, and ethical considerations in the case law surrounding electronic evidence for legal services clients in New York.

Erica Olsen, National Network to End Domestic Violence
Erica Olsen, National Network to End Domestic Violence

Technology has become a ubiquitous part of our lives, permeating every public and private space we have. Information can be accessed with the swipe of a finger or the press of a button, and records are accessed from locations all over the world via the cloud. Modern conversations not only happen over phone lines, but via texts, instant messaging, emails and digital recordings. These can be considered electronic evidence in a court of law if properly authenticated.

In addition to witness testimony, these pieces of evidence can help to establish relationships, prove authenticity of intentions, and fact check claims. Especially in domestic violence cases, these pieces of evidence can make a big difference in the outcomes. However, while technology can be used to assist legal services clients in their cases, it can also be abused to monitor, control and coerce victims.

In the first session of the seminar, Erica Olsen, from the National Network to End Domestic Violence, addressed many of the ways that abusers use technology to control their victims. There are plenty of ways technology can be used by abusers including, but not limited to: using spyware on computers and phones; putting physical surveillance equipment in the home or car; making disguised calls to manipulate evidence or sabotage a victim; and creating fake social media profiles and accounts to harass victims or undermine their integrity. Erica spoke on each of these methods and the best practices for discovering, undoing or mitigating the consequences for each of these.

Co-Chairs Terry Lawson & Ian Harris; Speakers Alexis C. Lorenzo & Erica Olsen
Co-Chairs Terry Lawson & Ian Harris; Speakers Alexis C. Lorenzo & Erica Olsen

While an attorney is not responsible for knowing about all technology abuse, being able to recognize the various ways and means can help them prepare for the case, keep their clients safe, and collect evidence. An anecdote, shared by Co-Chair Ian Harris of Staten Island Legal Services, involved a woman being able to avoid danger from her abuser by taking a screen shot of a text containing a gun emoji and using it to alert the judge and the police that he had threatened her. While many may believe a simple emoji is harmless, in this particular situation it was indicative of a threat made on her life.

Ian was able to recognize the danger inherent in the text and arrange for a warrant to be issued for the abuser’s arrest. He was also able to remove his client from her home, so she was not present when her abuser showed up to her home with a gun and asked for her. The abuser then proceeded to kill himself in front of her family when they told him she wasn’t there. If Ian had not taken his client seriously, or had not understood the implications of technology abuse, his client may not have survived.

A frequent advice to domestic violence victims is to get rid of the technology that the abuser is using to monitor them. However, Erica recommends NOT removing technology from the equation with domestic violence clients until after the court proceedings, as the removal of the technology won’t stop the abuse and can lead to an escalation. It also removes the ability for the client to monitor their abuser, look for warning signs of escalation, and collect necessary evidence. However, it would be prudent to find alternative means for the client to use technology so that the information being provided to the abuser is minimized or managed well to protect the client.

Even if technology can be used to abuse victims, it can also be used to provide victims leverage in their cases and can sometimes be the difference between freedom and continued abuse. The evidence provided in text messages, emails, phone records and other forms of communication can be submitted upon authentication during cases and used to establish controlling and abusive behavior as well as harassment of the client to lend authenticity and urgency to the proceedings.

In the second and third parts of the seminar, Ian Harris touched upon some best practices and ethical concerns both in presenting and authenticating the evidence, and in obtaining and storing information collected. Finally, the panel conducted a mock trial in order to provide an example of authenticating electronic evidence, and provide for questions and feedback from those present.

To learn more about electronic evidence in the New York Courts including best practices, ethical considerations and authentication procedures, you can watch the seminar for FREE at the Practising Law Institute.

Co-Chair(s)

  • Ian Harris – Director, Family Law Unit, Staten Island Legal Services
  • Terry Lawson – Director, Family and Immigration Unit, Legal Services NYC – Bronx

Speaker(s)

  • Alexis C. Lorenzo – Senior Attorney, Foreclosure Prevention Unit, Legal Services NYC – Bronx
  • Erica Olsen – Deputy Director, Safety Net Project, National Network to End Domestic Violence

Segments

  • Ongoing and Emerging Technologies Utilized by Litigants
  • Electronic Evidence in the New York State Courts
  • Ethical Issues in Electronic Evidence Under the New York Rules
  • Mock Trial: Electronic Evidence in the New York State Courts

Practising Law InstituteThis seminar/webcast was hosted by the Practising Law Institute. To register for any webcasts or seminars go to www.pli.edu for more information.

At the core of Practising Law Institute’s mission is its commitment to offer training to members of the legal profession to support their pro bono service. PLI offers pro bono training, scholarships, and access to live programs, Webcasts, and On-Demand archived programs, as well as an extensive Pro Bono Membership program. For more information about PLI’s pro bono programs and activities, please visitwww.pli.edu/probono. Follow PLI’s Pro Bono Group on LinkedIn, and on Twitter @ProBonoPLI.

Jillian

Jillian Theil is the Pro Bono Net Training and Field Support Coordinator and has been with Pro Bono Net since 2011. She manages the LSNTAP/PBN Community Training series. 

 LSNTAP and PBN recently held a webinar on evaluations, “From Investment to Impact: Recent Outcomes Evaluations of Legal Aid Tech Projects.” The training explored technology project evaluation approaches from legal aid and other fields, and reviewed designing and executing evaluations in resource constrained environments. The webinar was moderated by Claudia Johnson of Pro Bono Net. 

The first presentation by Keith Porcaro and Valerie Elephant of SIMLab kicked off by discussing their organization’s Monitoring and Evaluation (M & E) framework. The framework was inspired by one used commonly in the international development community and in humanitarian settings. They also introduced a new evaluation site they have started, inspired by the evaluation process, feedbackmechanisms.org and evaluation considerations in the legal aid/legal technology setting.

Next, Tara Saylor of Q2 Consulting discussed the Logic Model evaluation framework in the context of an evaluation project for the Legal Aid Services of Oklahoma, Inc. She also discussed some key ideas for executing an evaluation when faced with resource constraints. The presentation ended with some great discussion and Q&A with the audience on evaluations in the legal aid technology space. 

Be sure to check out materials available on the SWEB Support Site and join us for the next LSNTAP/PBN webinar, “Future-Proofing Your Projects: Maintenance, Succession, and Continuity Planning.” 


LSNTAPLSNTAP helps nonprofit legal aid programs improve client services through effective and innovative use of technology. To do this, we provide technology training, maintain information, create online tools, and host community forums such as the LStech email list. Read about us, or contact us at info@lsntap.org for more information.